Contract

TERMS & CONDITIONS

1. Definitions. In these conditions "We" means Mike Murphy Furniture Removals and "Us" and "Our" have corresponding meanings; “You" means the party entering into the agreement for Services with Us, and includes the party to whom Our quotation is addressed and the party by whom the acceptance is signed or originally verbalised, and "Your" has corresponding meaning;

"Goods" means all furniture and other affects which are to be the subject of the Services;

"Services" means the whole of the work to be undertaken by Us in connection with the Goods including removal;

“Subcontractor" means any person other than one of Our employees who, under any agreement or arrangement with Us performs or agrees to perform the whole or any part of the Services;

2. We are not Common Carriers. We are not common carriers and accept no liability as such. We also reserve the right to refuse to quote or service for the carriage of goods for any particular person and for carriage of any goods or classes of goods at Our discretion.

3. Charges and Payments.

3.1. Variation of Work Required and Delay. If the work You ultimately require Us to do varies from the work for which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Services of any part therefore (except where that prevention or delay results from a factor within Our control), We will also be entitled to make a reasonable additional charge. We will also be entitled to reimbursement from You of any amount which We have been required to pay a third party (other than a Subcontractor) to obtain or effect delivery of the Goods.

3.2. Delay. Delays due to traffic conditions, road repairs, selection of route and the like and vehicle break-down are inherent in the furniture removal industry. We will not be liable for any loss or damage or consequential loss as a result of our being delayed for any reason other than factors within Our control.

3.3. Changes to Dates. If a date for performance by Us of any Services is agreed upon, and You require that date to be altered or the Goods are not available on that date, We will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.

4. Lien On Goods Until Payment Is Received. All goods being moved shall be subject to a general lien for any outstanding monies owed by You. Should circumstances arise that make it reasonable to conclude that You are unwilling or unable to pay any due charges in the required form or at the required place or time, We reserve the right to retain or refuse delivery of any Goods or we can re-enter Your premises and seize some or all of the goods delivered. Where payment is not received within 14 days, We reserve the right to dispose of the Goods in lieu of payment.

5. Your Obligations and Warranties.

5.1. Information supplied by You. We have relied upon information supplied by You. You warrant that the information that You have provided Us is correct.

5.2. Customer responsible to pay: (a) the Removal Fee being the amount indicated in this Agreement or the amount notified to the Customer in writing by the Owner. The Removal Fees are due upon completion of the removal unless agreed otherwise in writing by the Owner. And it is the Customer's responsibility to see that payment is made directly to the Owner, Driver or Subcontractor, on time, in full. The Owner and its representatives do not bill for fees. (b) any costs incurred by the Owner, Driver or Subcontractor in collecting late or unpaid Removal Fees and any other fees, or in enforcing this Agreement in any way, including but not limited to legal, postal, telephone, debt collection including the Fees and charges of the debt collection agency or company used by the owner and/or the default action costs. It is company policy that anyone found to be acting in a fraudulent manner be reported to the Police.

5.3. Presence at Loading/Unloading. It is agreed that no inventory of the goods being moved will be taken by Us. The pre-existing condition of any goods will be verbally agreed upon. In order to agree on these arrangements, You will ensure that You or Your appointed adult representative is present at all times during loading and unloading, in all situations. Where You or Your representative leave, for any amount of time, we will not repair, or compensate You for any damage.

5.4. Fragile Goods. You will provide written notice of goods prior to the commencement of the removal, which are of a fragile or brittle nature and which are not readily apparent as such and any special precautions that should be taken when carrying those goods that we cannot reasonably be expected to be aware of.

5.5. Valuable Items. You will provide written notice of items which comprise jewellery, precious objects, works of art, money, collections of items or precision equipment, and all items valued in excess of $3000, prior to the commencement of the removal or storage. 

We prefer you take small valuable items with You in transit.

5.6. Goods Left Behind or Moved in Error. It is Your responsibility to ensure, that all Goods to be removed by Us are indicated to Us and that none is taken in error.

5.7. Acceptance of Goods. At the completion of the move, You or Your authorised representative will be asked to record on the face of this document (in the space provided) any damage to Goods or property. If You or Your authorised representative refuse to sign the record, this refusal will be taken to be a waiver of any right to claim for loss or damage.

6. Method of Carriage and Subcontractors.

6.1. We shall be entitled to carry the Goods by any reasonable route, (having regard to all the circumstances including the nature and destination of any Goods being carried on the vehicle) and by any reasonable means.

6.2. Liability of Subcontractors and Employees. Any provisions in these conditions which limit Our liability also apply to Our Subcontractors and to Our employees and to the employees of Our Subcontractors. For the purposes of this subclause, We are or are deemed to be acting as agent or trustee on behalf of each of the persons referred to, and each of them shall to that extent be deemed to be parties to this agreement.

7. Delivery. We are bound to deliver the Goods to You or a person authorised by You to receive the Goods. If we cannot deliver the Goods either because there is no authorised person there to receive them on Our arrival or because We cannot gain access to the premises, or for any other reason beyond our control, We will be entitled to unload the Goods into a warehouse or storage facility, and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the Goods. If this happens, We will endeavour to contact You to ascertain whether You have alternate instructions.

8. Exclusions. We will not be liable for any loss or damage, nor any delay which results from any cause beyond Our control.

8.1 Damage to Goods - Packaging. If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by Us or a Subcontractor, We will not be liable.

8.2 Damage to Goods - Inherent Risk. Certain goods (including but not limited to, electrical and mechanical appliances, computer equipment, scientific instruments, certain musical instruments and furniture made of pressed wood) are inherently susceptible to suffer damage or disorder being moved no matter how carefully they are handled. We will not be liable in respect of these items.

9. Loss or Damage.

9.1. You must report any damage before completion. As the existing condition of the Goods are subject to verbal agreement, You must inspect all the Goods as they are unloaded and/or relocated AND any damage considered to have been caused by Us must be listed on the front of the Receipt of payment on the day. No claims will be accepted for any damage discovered after We have left the move, except where We have pre-packed Your small items into boxes. Where this is the case, any damage to any items contained in the boxes packed by Us, must be reported to Us within 48 hours of the completion of Our Services. Further, where such damage is discovered the broken goods are to be left as found and no further unpacking of the relevant container is to occur and We are to be immediately contacted on 08 9371 0865.

9.2. Our Damage Only. Where You or a person with Your agreement participate/s in the move, We are not liable for any damage not caused by Us. We will only be liable for loss or damage resulting from Our negligence.

9.3. Option to Compensate. In lieu of repairing Goods We have the option to compensate You to the value of the damaged Goods prior to the damage occurring. This needs to be agreed upon by all of us.

9.4. You will bear the first $500 of any claim made.

9.5. Repair Damage. We will repair damaged Goods to as near the condition prior to the damage occurring and these repairs will be arranged by Us. No responsibility is accepted for any other losses whatsoever including any consequential loss or loss of value as a result of the repairs.

9.6. Vehicle Damaged. In the event that damage to goods arises from the transport vehicle being damaged by fire, flood, collision or the vehicle overturning and We are compensated by Our insurer for the damage to Your Goods, You will be compensated, but only to the extent We are paid compensation by Our insurer for Your Goods.

10. Sets. Where an item is part of a pair, set, suite or collection of items, repair or compensation will only be extended to the proportionate part of the pair, set, suite or collection of items, regardless of any special value the damaged or lost part may have as part of such a pair, set, suite or collection of items.

11. Meal Break or Rest Break. Where the duration of a move exceeds 5 hours, We will be entitled to a 30 minute meal or rest break, for which no deduction will be made in calculating the duration of the move.

12. Trade Practices Act. The promise to repair (or compensate) provided by Us, is in addition to any rights that You may also have arising from the Trade Practices Act or similar legislation. Those additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and any remedies arising therefrom are modified to the extent permitted by law.

13. The Law. The law which governs this agreement will be the law of the State of Western Australia.